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Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 527

Effective - 02 Jan 1979, see footnote bottom

  527.010.  Scope. — The circuit courts of this state, within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed.  No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for.  The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.

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(RSMo 1939 § 1126, A.L. 1978 H.B. 1634)

Effective 1-02-79

(1971) Petition by landowners for judicial declaration that defendant city was without right to extract the percolating waters for sale away from the premises when to do so would deprive plaintiffs, abutting landowners, of reasonable use of underground water for beneficial use of their own land and for injunction against city was sufficient as statement of claim for declaratory relief and to invoke trial court's equitable jurisdiction to consider request for injunction relief and should not have been dismissed without a hearing. Higday v. Nickolaus (A.), 469 S.W.2d 859.

(1974) Held that declaratory judgment is proper procedure for determining parentage and legal status of a child with regard to a natural or adoptive parent. S____ v. W____ (A.), 514 S.W.2d 848.

(1978) Held, it is not the purpose of declaratory judgment to allow prospective negligence action defendant to obtain a declaration of nonliability, though such action may be entertained in discretion of court. Campbell 66 Express v. Thermo King of Springfield (A.), 563 S.W.2d 776.


---- end of effective   02 Jan 1979 ----

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